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Code of Ordinance › Chapter 30 — ENVIRONMENT

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Dangerous building means a building or structure that has one or more of the following defects or is in one or more of the following conditions:

1. (1) A door, aisle, passageway, stairway or other means of exit does not conform to the approved fire code of the village.
2. (2) A portion of the building or structure is damaged by fire, wind, flood or other cause so that the structural strength or stability of the building or structure is appreciably less than it was before the catastrophe and does not meet the minimum requirements of this article or a building code of the village for a new building or structure, purpose or location.
3. (3) A part of the building or structure is likely to fall, become detached or dislodged, or collapse and injure persons or damage property.
4. (4) A portion of the building or structure has settled to such an extent that walls or other structural portions of the building or structure have materially less resistance to wind than is required in the case of new construction by this article or a building code of the village.
5. (5) The building or structure, or a part of the building or structure, because of dilapidation, deterioration, decay, faulty construction or the removal or movement of some portion of the ground necessary for the support, or for other reason, is likely to partially or completely collapse, or some portion of the foundation or underpinning of the building or structure is likely to fall or give way.
6. (6) The building or structure, or a part of the building or structure, is manifestly unsafe for the purpose for which it is used.
7. (7) The building or structure is damaged by fire, wind or flood, or is dilapidated or deteriorated and becomes an attractive nuisance to children who might play in the building or structure to their danger, or becomes a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful or immoral act.
8. (8) A building or structure used or intended to be used for dwelling purposes, including the adjoining grounds, because of dilapidation, decay, damage, faulty construction or arrangement, or otherwise, is unsanitary or unfit for human habitation, is in a condition that the village determines is likely to cause sickness or disease, or is likely to injure the health, safety or general welfare of people living in the dwelling.
9. (9) A building or structure is vacant, dilapidated, and open at door or window, leaving the interior of the building exposed to the elements or accessible to entrance by trespassers.
10. (10) A building or structure remains unoccupied for a period of 180 consecutive days or longer, and is not listed as being available for sale, lease or rent with a real estate broker licensed under article 25 of the occupational code, Public Act No. 299 of 1980 (MCL 339.2501—339.2515, MSA 18.425(2501)—18.425(2515)). For purposes of this subsection, the term "building or structure" includes but is not limited to a commercial building or structure. This subsection does not apply to either of the following: a. A building or structure as to which the owner or agent does both of the following:
    1. 1. Notifies the village that the building or structure will remain unoccupied for a period of 180 consecutive days. The notice shall be given to the village by the owner or agent not more than 30 days after the building or structure becomes unoccupied.
    2. 2. Maintains the exterior of the building or structure and adjoining grounds in accordance with this article or a building code of the village. b. A secondary dwelling of the owner that is regularly unoccupied for a period of 180 days or longer each year, if the owner notifies the village that the dwelling will remain unoccupied for a period of 180 consecutive days or more each year. An owner who has given the notice prescribed by this subsection shall notify the village not more than 30 days after the dwelling no longer qualifies for this exception. As used in this subsection, the term "secondary dwelling" means a dwelling such as a vacation home, hunting cabin or summer home that is occupied by the owner or a member of the owner's family during part of a year. Cross reference— Definitions generally, § 1-2. State Law reference— Similar definition, MCL 125.539, MSA 5.2891(19).

It is unlawful for any owner or agent thereof to keep or maintain any building or dwelling or part thereof which is a dangerous building as defined in section 30-61. (Comp. Ords. 1987, §§ 20.102(c), 20.105) State Law reference— Similar provisions, MCL 125.538, MSA 5.2891(18).

1. (a) Notice required. Notwithstanding any other provision of this article, if a building or structure is found to be a dangerous building, the village shall issue a notice that the building or structure is a dangerous building.
2. (b) Persons who may be served notice. The notice shall be served on each owner of or party in interest in the building or structure in whose name the property appears on the last local tax assessment records.
3. (c) Contents of notice; right to hearing. The notice shall specify the time and place of a hearing on whether the building or structure is a dangerous building. The person to whom the notice is directed shall have the opportunity to show cause at the hearing why the hearing officer should not order the building or structure to be demolished, otherwise made safe, or properly maintained.
4. (d) Hearing officer. The hearing officer shall be appointed by the village president, to serve at his pleasure. The hearing officer shall be a person who has expertise in housing matters, including but not limited to an engineer, architect, building contractor, building inspector or member of a community housing organization. An employee of the village shall not be appointed as hearing officer. The village shall file a copy of the notice that the building or structure is a dangerous building with the hearing officer.
5. (e) Form and service of notice. The notice shall be in writing and shall be served upon the person to whom the notice is directed either personally or by certified mail, return receipt requested, addressed to the owner or party in interest at the address shown on the tax records. If a notice is served on a person by certified mail, a copy of the notice shall also be posted upon a conspicuous part of the building or structure. The notice shall be served upon the owner or party in interest at least ten days before the date of the hearing included in the notice. State Law reference— Similar provisions, MCL 125.540, MSA 5.2891(20).

1. (a) A judgment in an action brought pursuant to section 30-64(g) may be enforced against assets of the owner other than the building or structure.
2. (b) The village shall have a lien for the amount of a judgment obtained pursuant to section 30-64(g) against the owner's interest in all real property located in the state that is owned in whole or in part by the owner of the building or structure against whom the judgment is obtained. A lien provided for in this section does not take effect until notice of the lien is filed or recorded as provided by law, and the lien does not have priority over prior filed or recorded liens and encumbrances. State Law reference— Similar provisions, MCL 125.541a, MSA 5.2891(21a).

A person who fails or refuses to comply with an order approved or modified by the village council under

conviction, in accordance with section 1-11. State Law reference— Similar provisions, MCL 125.541b, MSA 5.2891(21b).

An owner aggrieved by any final decision or order of the council under section 30-64 may appeal the decision or order to the circuit court by filing a petition for an order of superintending control within 20 days from the date of the decision. State Law reference— Similar provisions, MCL 125.542, MSA 5.2891(22). Secs. 30-68—30-90. - Reserved. [5]

Footnotes:

--- (5) --- Cross reference— Noisy animals and other nuisance animals, § 14-63.

Printed October 10, 2026 at 1:38 AM from https://demo4.innovativeexpertise.com/documents/code-of-ordinance/print/2243